VILLAGE OF EVERGREEN PARK v. COMMONWEALTH EDISON CO.

No. 1-97-1511.

695 N.E.2d 1339 (1998)

296 Ill. App.3d 810

231 Ill.Dec. 220

VILLAGE OF EVERGREEN PARK, a municipal corporation, individually and on behalf of all other municipal corporations similarly situated, Plaintiff-Appellant, v. COMMONWEALTH EDISON COMPANY, an Illinois corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

May 27, 1998.


Attorney(s) appearing for the Case

Lewis, Overbeck & Furman, Paul V. Esposito, Douglas A. Lindsay, John W. Loseman, Chicago, Louis F. Cainkar, Ltd., Michael G. Cainkar, Heather R. Sloan, Chicago, for Plaintiff-Appellant.

Kevin M. Forde, Janice R. Forde, Kevin M. Forde, Ltd., Chicago, Paul F. Hanzlik, David B. Goroff, Bruce W. Doughty, Hopkins & Sutter, Chicago, for Defendant-Appellee.


Justice GORDON delivered the opinion of the court:

Plaintiff, Village of Evergreen Park (the Village), brought the instant class action lawsuit, seeking monetary and equitable relief against the defendant, Commonwealth Edison Company (Commonwealth Edison), alleging that the defendant, a public utility, had wrongfully collected money for lighting equipment and services. Pursuant to defendant's section 2-619 motion (735 ILCS 5/2-619 (West 1996)), the trial court dismissed...

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